DEPARTMENT OF GENERAL SERVICESmsa.maryland.gov/megafile/msa/speccol/sc5300/sc5339/000113/01… · 2...

DEPARTMENT OF GENERAL SERVICES

Items to be presented to the Board of Public Works

March 10, 2010 Pages Construction Modification 1 and 2

A/E Service 3 thru 5 Maintenance 6 thru 10 Maintenance Modification 11 thru 14 General Miscellaneous 15 and 16 Real Property 17 and 18 Leases 19 thru 24

Capital Grants and Loans 25 thru 46

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ACTION AGENDA CONSTRUCTION CONTRACT MODIFICATION ITEM 1-C-MOD DEPARTMENT OF GENERAL SERVICES 2100 Guilford Ave. Baltimore, MD CONTRACT NO. AND TITLE Project No. BB-621-003-001;

Phase I Addition to State Office-Building No. 3

ADPICS NO: COB81551 <$49,035.00> COB83236 <$45,982.78> ORIGINAL CONTRACT APPROVED 9/20/2006 DGS/BPW Agenda, Item 31-C CONTRACTOR Tech Contracting Co., Inc. Baltimore, MD CONTRACT DESCRIPTION Construction of an approximately 16,300 gsf addition to the existing building which houses the Office of Parole and Probation, Central Home Detention Unit and divisions of Department of Public Safety and Correctional Services. This project is phase I of a two phase project to fully renovate the 76 year old facility. MODIFICATION DESCRIPTION Two separate change orders were processed on this project and reported on the agency PAAR report, since these modifications total a credit to the State in the amount of $95,017.78 and were issued close in time (Within one week). DGS is bringing these items to the Board for retro-active approval. TERM OF ORIGINAL CONTRACT 3 Years from notice to proceed

(Both phases) TERM OF MODIFICATION N/A AMOUNT OF ORIGINAL CONTRACT $4,545,707.10 AMOUNT OF MODIFICATION <$95,017.78> PRIOR MODIFICATIONS/OPTIONS $270,290.48 REVISED TOTAL CONTRACT AMOUNT $4,720,979.80

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ACTION AGENDA CONSTRUCTION CONTRACT MODIFICATION ITEM 1-C-MOD (Cont.) PERCENT +/- (THIS MODIFICATION) <.02%> OVERALL PERCENT .04% ORIGINAL PROCUREMENT METHOD Competitive Sealed Bidding ORIGINAL MBE PARTICIPATION 29.9% REMARKS DGS and the Contractor agreed to the credit to the State to cover reconciliation of change orders, project delays due to design errors and omissions. Substantial completion of the project occurred on September 12, 2009. DGS and the contractor accepted this dollar credit and agrees this negotiated amount closes the project. Retroactive approval requested pursuant to 11-204(c) State Finance & Procurement Article. FUND SOURCE MCCBL 2004/Item 004 (Funding to

construct and provide equipment for the State Office Building #3 at 2100 Guilford Ave.)

RESIDENT BUSINESS Yes MD TAX CLEARANCE 10-3643-1111 Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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ACTION AGENDA A/E SERVICE CONTRACT ITEM 2-AE DEPARTMENT OF HEALTH & Deer's Head Hospital Center, MENTAL HYGIENE Salisbury, MD Wicomico County CONTRACT NO. AND TITLE Project No. H-453-100-001;

New Kidney Dialysis Addition and Renovate Unit 1 North, Deer's Head Hospital Center.

ADPICS NO. 001B0400520 DESCRIPTION This project will provide design and construction administration services for a new kidney dialysis addition and renovation of a 7,128 gsf portion of Unit 1 North at Deer's Head Hospital Center. The Kidney Dialysis Unit addition will house the relocated and expanded dialysis unit along with an ancillary nurse’s station, reverse osmosis water treatment, and medication areas. The 7,128 gsf portion of Unit 1 North will be reconfigured to house peritoneal dialysis along with the Kidney Dialysis Unit support facilities. The scope of work also includes site work consisting of two (2) oversized ADA compliant covered ramps, sidewalks, lighting, and landscaping. PROCUREMENT METHOD Maryland Architectural and Engineering

Services Act

Qualification/ BIDS OR PROPOSALS Technical Scores Wilmot Sanz, Inc. Gaithersburg, MD 91%/182.4 Hord Coplan Macht, Inc. Baltimore, MD 85%/170.9 Louviere, Stratton & Yokel, LLC. 84%/168.9 Silver Spring, MD WBCM, LLC. Baltimore, MD 82%/163.6 CR Goodman Associates, LLC. - 80%/160.8 Annapolis, MD w/ATI, Inc. - Columbia, MD (JV) Cochran, Stephenson & Donkervoet, Inc. 79%/158.6 Baltimore, MD LSC Design, Inc. York, PA 66%/131.7

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ACTION AGENDA A/E SERVICE CONTRACT ITEM 2-AE (Cont.) AWARD Wilmot Sanz, Inc. Gaithersburg, MD AMOUNT $599,047.57 TERM 36 months MBE PARTICIPATION 28.26% PERFORMANCE BOND None REMARKS This solicitation was advertised on eMaryland Marketplace and the DGS website. The estimated construction cost is $5,534,571.00. Two (2) of the seven (7) firms that submitted technical proposals met the minimum qualifying score of 85%. The Secretary of the Department of General Services determined that a Second Phase Review Panel evaluation was not required. At the September 1, 2009 meeting, the General Professional Services Selection Board approved the Qualification Committee’s recommendation of the ranking of the firms and authorized negotiations with the #1 ranked firm of Wilmot Sanz, Inc. At the February 2, 2010 meeting of the General Board, the chairman of the Negotiation Committee certified that the negotiations were conducted in accordance with the regulations governing the Negotiation Committee, that the price proposal was based upon the scope of services outlined in the project program and the Department of General Services' procedures for providing architectural/engineering services, and that the negotiated price proposal was fair, competitive, and reasonable. The negotiated price proposal and the scope of services represented by the price proposal were reviewed by the General Board and approved as required by Title 13-308 of the State Finance and Procurement Article, Annotated Code of Maryland. Approval is requested for all six phases; however, the initial award will be for phases one through four only. The remaining phases are anticipated for award when the funding for construction is approved in the FY2012 budget. Of the total fee amount, 93% will go to firms located in the State of Maryland.

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ACTION AGENDA A/E SERVICE CONTRACT ITEM 2-AE (Cont.) FUND SOURCE MCCBL2009/ Item 020 $446,436.50 (Provide funds to design a new kidney

dialysis unit and alter the existing kidney dialysis unit for administrative purposes at the Deer’s Head Center)

RESIDENT BUSINESS Yes TAX COMPLIANCE NO. 10-3468-0111 Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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ACTION AGENDA MAINTENANCE CONTRACT ITEM 3-M DEPARTMENT OF NATURAL RESOURCES Herrington Manor State Park Garrett County, MD CONTRACT NO. AND TITLE Project No. P-003-072-110

Stabilize Cabins Phase II ADPICS NO: 001B0400511

DESCRIPTION This is Phase II of II. This project requires the contractor to provide all materials, equipment, supplies, etc., to renovate the interior and exterior of 10 of the 20 cabins at Herrington Manor State Park, in Garrett County. The renovation includes corn cob blasting to remove the existing stain/paint, in an environmentally safe manor, 17 new doors, 120 windows, 19 screen doors, 27 smoke detectors and 3,428sf of new wood laminate flooring. Base Price includes all Unit Prices. PROCUREMENT METHOD Competitive Sealed Bidding BIDS OR PROPOSALS AMOUNT Modern Construction Services, Inc., $268,602.60 Street, MD Sunrise Management, Inc., $286,830.00 Grantsville, MD J.M. Kudrick & Sons Gen. Cont., $290,709.75 Cumberland, MD AWARD Modern Construction Services, Inc. Street, MD AMOUNT $268,602.60 TERM 180 Calendar Days MBE PARTICIPATION 20% PERFORMANCE BOND 100%

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ACTION AGENDA MAINTENANCE CONTRACT ITEM 3-M (Cont.) REMARKS This solicitation was advertised and bid on eMaryland Marketplace (eMM). Notice of Availability was also posted on the DGS Bid Board. The project estimate was $385,157.00. This project was included on the FY-07 POS maintenance program, and was in the priority schedule within the budgeted funding. DNR prepared the specifications and nine vendors attended the pre-bid. Three vendors bid on the project with all vendors under the project estimate. The recomended vendor was evaluated and confirmed his bid. The recommended contractor is a DGS certified small business. Herrington Manor was designated as a state park in 1964, and encompasses 365 acres. The park offers swimming, boating in rowboats, canoes and paddle boats, picnicking, hiking, tennis, volleyball and 20 furnished log cabins for rental use year round. Interpretive programs are scheduled during the summer; and popular special events such as maple syrup demonstrations and apple butter making are held in the spring and fall of the year. FUND SOURCE $ 67,474.42 POS 07 Item 401 $100,000.00 POS 08 Item 417 $101,128.18 MCCBL 2009/ Item 018

(Critical Maintenance Program- Provide funds to Construct capital improvements such as planned maintenance and repair projects at public use facilities on State-owned property-statewide.)

RESIDENT BUSINESS Yes TAX COMPLIANCE NO. 10-3432-0111 Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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ACTION AGENDA MAINTENANCE CONTRACT ITEM 4-M DEPARTMENT OF HEALTH AND Eastern Shore Hospital Center (ESHC) MENTAL HYGIENE Cambridge, MD CONTRACT NO. AND TITLE ER-000-100-001;

Patient Environmental Improvements ADPICS NO. 001B0400504 DESCRIPTION Approval is requested for a contract to replace the existing doors, hinges and locksets, shower and toilet fixtures and grab bars with anti-ligature devices and cover the exposed piping in the patient accessible areas throughout the Eastern Shore Hospital Center in Cambridge, Dorchester County. PROCUREMENT METHOD Competitive Sealed Bidding BIDS OR PROPOSALS AMOUNT Harper & Sons, Inc. $271,900.00 Easton, MD Towson Mechanical, Inc. $293,800.00 Timonium, MD. Baltimore Contractors, Inc. $324,788.00 Baltimore, MD Wilfre Company Incorporated $358,000.00 Hebron, MD Joseph M. Zimmer, Inc. $364,875.00 Salisbury, MD Gillis Gilkerson, Inc. $382,700.00 Salisbury, MD Delaware Cornerstone Builders, Inc. $389,000.00 Landover, MD Richard Beavers Construction Inc. $394,225.00 Easton, MD Tay Construction Services $420,000.00 Lanham, MD Brawner Builders, Inc. $427,969.00 Hunt Valley, MD Sens Mechanical Inc. $466,188.00 Berlin, MD

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ACTION AGENDA MAINTENANCE CONTRACT ITEM 4-M (Cont.) AWARD Harper & Sons, Inc. Easton, MD TERM 210 Days from Notice to Proceed AMOUNT $271,900.00 MBE PARTICIPATION 31 % PERFORMANCE BOND 100 % REMARKS This solicitation was advertised and bid on eMarylandplace and notice of availability was also posted on the DGS Bid Board. In a continuing effort to improve the patient environment in its facilities throughout the state, the Department of Health and Mental Hygiene has designed a number of changes to those areas serving it’s patient population which when installed will significantly reduce places which a patient could utilize as a ligature point in an attempt to harm themselves. The replacement of the existing doors, hinges and locksets, shower and toilet fixtures and grab bars with anti-ligature devices and covering the exposed piping in the patient accessible areas will ensure a patient could not utilize the newly installed items to harm themselves. The recommended contractor, Harper & Sons, Inc., has been found to be responsive and responsible. Harper & Sons, Inc. exceeded the MBE goal of 25% and has committed to providing 31 % MBE subcontractor participation in this project. The recommended awardee is a DGS Certified Small Business. FUND SOURCE MCCBL 2009/Item 023 (Provide funds to

construct Patient Safety Improvements at Psychiatric Hospitals and Treatment Centers)

RESIDENT BUSINESS Yes

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ACTION AGENDA MAINTENANCE CONTRACT ITEM 4-M (Cont.) TAX COMPLIANCE NO. 10-3416-1111 Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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ACTION AGENDA MAINTENANCE CONTRACT MODIFICATION ITEM 5-M-MOD DEPARTMENT OF NATURAL RESOURCES Patapsco Valley State Park Baltimore County, MD CONTRACT NO. AND TITLE Project No. P-020-013-010; Union Dam – Demolish and Remove ADPICS NO. COB96473 ORIGINAL CONTRACT APPROVED 11/4/2009 BPW/Appendix 1 CONTRACTOR K&K Adams, Inc. Baltimore, MD CONTRACT DESCRIPTION Labor, materials, and equipment to demolish and remove existing Union Dam; construct temporary access road, flow bypass facilities, and 450 linear feet of relocate driver channel; site improvements including grading, paving, drainage, riparian buffer tree planting & stabilization; and sediment and erosion. MODIFICATION DESCRIPTION Change Order No. 3 is for the installation of stream bridge crossing and bulkhead which includes all labor, materials and equipment necessary for construction, operation, and maintenance of the Patapsco River diversion approved by the Maryland Department of the Environment and the Army Corps of Engineers as part of the permit modification. This work includes construction of upstream open channel for river diversion and a temporary construction access bridge across the downstream fabric lined diversion channel for $127,004.00. Additionally, a credit to the contract for installation of bypass pipe: The credit covers all labor, materials and equipment necessary for construction, operation and maintenance of the 120” CMP bypass culverts that are included in contract documents. This credit is in the amount of <$76,139.00> resulting in a net value of $50,865.00. TERM OF ORIGINAL CONTRACT 180 Calendar Days AMOUNT OF ORIGINAL CONTRACT $1,457,550.00 AMOUNT OF MODIFICATION $50,865.00 PRIOR MODIFICATIONS/OPTIONS $28,440.00 REVISED TOTAL CONTRACT AMOUNT $1,536,855.00

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ACTION AGENDA MAINTENANCE CONTRACT MODIFICATION ITEM 5-M-MOD (Cont.) PERCENT +/- (THIS MODIFICATION) 3.48% OVERALL PERCENT 5.44% ORIGINAL PROCUREMENT METHOD Emergency/Competitive Sealed Bids ORIGINAL MBE PARTICIPATION 100% REMARKS The modification is necessary due to a permit modification necessitated by the presence of bedrock in the upstream stream channel and bank. Also, a credit is issued to the contract because the river by pass as shown on the modified drawings, eliminated the need for two (2) 120” culvert pipes upstream of the dam. The Board was notified by letter dated January 26, 2010 of the Change Order to incorporate permit revisions, affecting the temporary stream diversion which was recently approved by the Maryland Department of the Environment (MDE) and the US Army Corps of Engineers and to overcome saturated site conditions by replacing earthen fill with stone fill at select locations. These modifications are aimed at overcoming existing site conditions in an effort to adhere to the scheduled completion of in-stream activities by March 1, 2010, in compliance with the Consent Order issued by the Water Management Administration of MDE. FUND SOURCE POS 2008/ Item; 434 RESIDENT BUSINESS Yes MD TAX CLEARANCE 10-3642-0111 Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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ACTION AGENDA MAINTENANCE CONTRACT MODIFICATION ITEM 6-M-MOD DEPARTMENT OF GENERAL SERVICES Maryland State House Annapolis, MD CONTRACT NO. AND TITLE Project No. BA-491-020-701;

Remove/Replace Electrical Rag Wire at the Maryland State House

ADPICS NO. COB96428 ORIGINAL CONTRACT APPROVED 7/22/2009, DGS/BPW Item 6-M CONTRACTOR NV Enterprises Inc. Reston, VA CONTRACT DESCRIPTION Contract approval to remove/replace electrical rag wire at the Maryland State House located in Annapolis, Maryland. MODIFICATION DESCRIPTION Change Order No. 5 for a credit to the contract for the Unit Cost in the Base Contract, Section 12.d for plaster routing and refinishing of plaster walls for <$174,057.20> and for additional loads to the generator at a cost of $59,391.00 resulting in a net credit of $114,666.20 to the State. TERM OF ORIGINAL CONTRACT 120 Calendar Days AMOUNT OF ORIGINAL CONTRACT $577,551.48 AMOUNT OF MODIFICATION <$114,666.20> PRIOR MODIFICATIONS/OPTIONS $8,892.00 REVISED TOTAL CONTRACT AMOUNT $471,777.28 PERCENT +/- (THIS MODIFICATION) <19.85%> OVERALL PERCENT <21.21%>

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ACTION AGENDA MAINTENANCE CONTRACT MODIFICATION ITEM 6-M-MOD (Cont.) ORIGINAL PROCUREMENT METHOD Exempt-Renovation of Historic Structures

State Finance and Procurement Article 11-201 (a) (1) (xvii)

ORIGINAL MBE PARTICIPATION 100%

REMARKS The above credit is being issued to the contract for unused portion of Unit Price Item that was included in contract documents but not needed and the additions funds are for the necessary work that is need to remedy a potential hazardous situation. There is inadequate lighting in several offices of the State House, making it very difficult and dangerous to exit these areas if utility power is lost in the building. Furthermore, a number of the panels providing power to these areas of the building are in very poor condition and should be replaced to reduce the possibility of a significant electrical failure in the future. Finally, two of the sump pumps in the basement need to be moved to generator power to ensure pumping capability is maintained during a loss of utility power. The contract time will be unchanged FUND SOURCE MCCBL 2004 Item 00 (Provide funds for the State Capital Facilities Renewal Program) RESIDENT BUSINESS No MD TAX CLEARANCE 10-3645-0000 Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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ACTION AGENDA GENERAL/MISCELLANEOUS ITEM 7-GM REFERENCE Cancel Bond Spending Authority DESCRIPTION Board of Public Works approval is requested to cancel the following General Obligation Bond authorization in the amount of $5,039,441.00 and, at the same time, reduce the State’s spending authority as shown for the following capital project in accordance with Section 8-128, State Finance and Procurement Article, Maryland Code. The Department of General Services, the Department of Natural Resources, the Office of the Comptroller and the Department of Budget Management have reviewed this request and concur. MARYLAND CONSOLIDATED CAPITAL BOND LOAN OF 2009 DEPARTMENT OF NATURAL RESOURCES 016 Program Open Space – Land Acquisition $5,039,441.00 Funding for this project was obtained through a U.S. Department of Transportation FHA Grant and the funding from general obligation bonds is no longer required. Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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ACTION AGENDA GENERAL/MISCELLANEOUS ITEM 8-GM REFERENCE Department of Natural Resources (DNR) Fair Hill NRMA Cecil County P-043-091-010 DESCRIPTION Approval is requested to encumber POS funds in the amount of $90,000.00 to pay an invoice issued by Delmarva Power for the installation of new electric lines on Kennel Road at Fair Hill NRMA. AMOUNT $90,000.00 FUND SOURCE Item 440 POS 2009 REMARKS This charge is for the new electric lines at Fair Hill Natural Resources Management Area. DNR programmed the replacement of the electrical service on Kennel Road in its POS Critical Maintenance Program. Delmarva Power is the only utility that serves this portion of Cecil County and in order to have a new line installed; DNR obtained the proposal from Delmarva. Delmarva Power requires the payment of the proposed amount prior to initiating the new service. Since Delmarva Power is the only source that can provide this service, it is necessary to obtain approval to encumber the funding. Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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ACTION AGENDA REAL PROPERTY ITEM 9-RP DEPARTMENT OF NATURAL RESOURCES Annette Cameron Blum Property

130.668 ± acres Harford County File # 46-0016

REFERENCE Approval is requested to accept an Assignment of the Option Contract between The Trust for Public Land and the property owner on behalf of Program Open Space to purchase a 130.7 acre ± parcel for inclusion into Falling Branch area of Rocks State Park in Harford County. The property consists of three parcels, located on both the north and south sides of Falling Branch Road; separated by a small connecting property with an agricultural easement located between the subject property and Falling Branch. Acquisition of the Blum property will add additional road access for ingress and egress into the park as well as to provide increased opportunities for nature based recreation. Potential identified uses include low impact hiking, biking, horseback riding, fishing, canoeing, wildlife viewing, and increased interpretive and educational opportunities. Future plans may include connectivity to Harford County’s Eden Mill Nature Center located only a short distance away via a waterway and local road. The parcel is located within the Target Ecological Area (TEA), and has received an ecological ranking of 122 under the Program Open Space Targeting System The Attorney Generals Office has approved the Agreement of Sale. Title and transfer documents are subject to legal review. GRANTOR Annette Cameron Blum GRANTEE The State of Maryland, to the use of the Department of Natural Resources PROPERTY 130.668 ± acres unimproved PRICE $993,228.00* ($7,601.16/acre) *The sales price represents a negotiated discount from the recommended value ($1,050,000.00) to the State of Maryland of $56,772.00 or 5.4%.

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ACTION AGENDA REAL PROPERTY ITEM 9-RP (Cont.) APPRAISED VALUES $1,050,000.00 – Ronald W. Benfield – Fee Appraiser – 2/23/09 Reviewed by David M. Kelleher $1,165,500.00 – Bernard A. Page, Jr. – Fee Appraiser – 1/21/09 Reviewed by David M. Kelleher FUND SOURCE $1,017,199.00 (POS Opportunity Loan 2009/Item 500) SPECIAL CONDITIONS Approval is requested to reimburse The Trust for Public Land for the following items totaling $23,971.00. Appraisals $ 6,000.00 Phase I Environmental $ 2,300.00 Title $ 871.00 Land Survey $14,800.00 Total $23,971.00 REMARKS 1. The Department of Natural Resources recommends approval of this acquisition. 2. This project meets criteria in accordance with Chapter 419, Laws of Maryland 2009 as it

presents a unique acquisition opportunity as a result of the extraordinary location and environmental value of the property which scored 122 on the Program Open Space ecological scoring system.

3. The Governor has requested that the Board of Public Works borrow money and incur special obligation indebtedness through a special loan to be known as the Program Open Space Acquisition Opportunity Loan of 2009 as provided in Chapter 419 of the Laws of Maryland 2009.

4. This action authorizes the Comptroller to advance funds needed to complete the transaction; requesting the use of bonds authorized under the Program Open Space Acquisition Opportunity Loan of 2009.

Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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ACTION AGENDA LANDLORD LEASE ITEM 10-LL DEPARTMENT OF HEALTH AND MENTAL HYGIENE Baltimore County Tenant Baltimore County Drumcastle Center

6401 York Road 2nd Floor Baltimore, MD 21212

Property Location Spring Grove Hospital Center Hamilton Building Courtyard Catonsville, MD 21228 Space Type Modular Building Lease Type New Square Feet 8,500 Duration 5 Years Effective March 15, 2010 Annual Rent $1.00

Utilities Responsibility Tenant Custodial Responsibility Tenant Previous Board Action(s) 11/30/05 Item # 10-L, 10/04/06 Item #10-LL Special Conditions

1. The Lessee shall occupy and use the Demised premises for the purpose of a year round shelter program for 100 homeless men and a day program to assist the men in identifying

employment and housing opportunities. 2. Provided the Lessor give the Lessee at least sixty (60) days prior notice, this Lease may

be terminated whenever the Lessor shall determine that such termination is in the best interest of the Lessor.

3. The Tenant shall be responsible for obtaining all permits, licenses, inspections and

approvals required for its use and occupancy of the premises. 4. Tenant shall be responsible for all maintenance of the property.

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ACTION AGENDA LANDLORD LEASE ITEM 10-LL (Cont.)

5. The Tenant shall indemnify and hold harmless the State of Maryland and the Department

of Health and Mental Hygiene against any and all liability or claim of liability (including reasonable attorney’s fees), arising out of Tenant’s use and occupancy, conduct, operation or management of the premises during the Term.

6. The Tenant is a political subdivision of the State of Maryland and is self insured with

respect to any and all claims concerning public liability and property damage. The Tenant’s liability is limited to the Local Government Tort Claims Act, Section 5-301 et seq of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland.


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ACTION AGENDA LANDLORD LEASE ITEM 11-LL DEPARTMENT OF NATURAL RESOURCES Carroll County (Land and Property Management) Tenant Dana Lee Dembrow 1226 Canterbury Drive Sykesville, MD 21784 Property Location 729 Klee Mill Road Sykesville, MD 21784 Space Type Residential Dwelling Lease Type New Acre(s) 0.45 ac. +/- Duration Lifetime Residency Effective March 15, 2010 Annual Rent $1.00

Utilities Responsibility Tenant Custodial Responsibility Tenant Previous Board Action(s) N/A Reference The Resident-Curatorship Program secures private funding and labor for the restoration and maintenance of historic properties owned by the Department of Natural Resources (DNR). The curator, in consideration of a life tenancy, pledges to restore the historic property and maintain it in good condition. Special Conditions 1. The Tenant shall occupy and use the residence known as the Wachter House located on

0.45 acres as a single family residence. The structure is presently in need of significant restoration. Pursuant to the Curatorship Gift Agreement in the amount of $210,000, the Tenant shall restore, rehabilitate, and renovate the structure during the time of the tenancy.

2. The Tenant shall be responsible for obtaining all permits, licenses, inspections and

approvals required for its use and occupancy of the premises, and shall deliver to landlord copies of all necessary permits, licenses, inspections and approvals prior to taking any action requiring such permits, licenses, inspections and approvals.

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ACTION AGENDA LANDLORD LEASE ITEM 11-LL (Cont.) 3. The Tenant shall open premises to the public up to 3 to 5 days each year, as arranged in

cooperation with the Landlord, once the restoration, rehabilitation and renovation have been completed.

4. The Tenant shall maintain at its expense, throughout the term, insurance against loss or

liability in connection with bodily injury, death, property damage or destruction, occurring within the premises or arising out of the use thereof by Tenant or its agents, employees, officers, subtenants, invitees, visitors and guests, under one or more policies of General Comprehensive Liability insurance will have a minimum coverage of $1,000,000 per occurrence, Two Million Dollars ($2,000,000) annual aggregate, and shall contain broad form GCL Endorsement or its equivalent.

5. The Tenant shall indemnify and hold harmless the State of Maryland and the Department

of Natural Resources against any and all liability or claim of liability, including reasonable attorney’s fees, arising out of their use and occupancy, conduct, operation or management of the premises during the term.

6. This lease does not contain a termination for convenience clause. Remarks 1. This project is part of the Department of Natural Resources Resident Curatorship

Program. 2. The Clearinghouse conducted an intergovernmental review of the project under

MD20080822-0877 and has recommended to change the use, and lease the Wachter House at the Morgan Run Natural Environmental Area, as part of the State’s Resident-Curatorship Program. It is further recommended that all construction, demolition, rehabilitation, and significant ground disturbance conform to the Secretary of the Interior’s Standards for the Treatment of Historic Properties, and be submitted to the Maryland Historical Trust for review as early as possible, and prior tot eh initiation of any work.


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ACTION AGENDA TENANT LEASE ITEM 12-LT DEPARTMENT OF HUMAN RESOURCES Landover, MD Prince George’s County Landlord Jemal’s Brightseat, LLC 702 H Street NW, Ste. 400 Washington, DC 20001 Property Location 425 Brightseat Road Landover, MD 20785 Space Type Office Lease Type New Square Feet 45,000 Duration 10 Years Effective March 15, 2010 Annual Rent $711,360.00 Avg Sq. Ft. Rate $15.81 Avg Previous Sq. Ft. Rate $15.15 Utilities Responsibility Landlord Custodial Responsibility Landlord Previous Board Action(s) Item 34-L dated 09/23/98, Item 8-L dated 01/05/01 Retro-Active Leases: Board of Public Works is requested to retroactively approve the leasing of this space for the 14 day period that lapsed from March 1, 2010 to March 14, 2010 pursuant to the State Finance and Procurement Article 11-204(c). Special Conditions 1. The lease contains escalations/de-escalations for utilities, janitorial services and real estate

taxes.

2. The lease contains a termination for convenience clause. 3. The lease contains an option to renew for five (5) years. 4. The lease contains 90 reserved parking spaces free of charge.

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ACTION AGENDA TENANT LEASE ITEM 12-LT (Cont.) Remarks 1. This office serves as a full service location that is committed to providing family centered

services to children and families in efforts to achieve well being through ensuring self-sufficiency, support, safety and permanency. The agency also provides citizens with resources and services to maximize their well-being and self-determination. The Agency aims to prevent abuse, neglect, and exploitation of vulnerable citizens- the poor, the children, the aged, the disabled and the sick In addition, it provides services that help low income families get and maintain work, support employment, promote quality health care coverage, food assistance, energy assistance and other economic supports for families.

2. The average rental rate of $15.81 consists of a ten year term that commences at $14.47 per

net usable square foot for year one; $14.91 per net usable square foot for year two; $15.15 for years three through five; and $16.65 per net usable square foot for years six through ten.

3. Through several months of negotiations, the Department of General Services was able to

reduce the Landlord’s original ten year average proposal of $851,193.04 to $711,360.00. The negotiations resulted in a cost avoidance of $1,398,330.39 over the term.

4. The above request has been reviewed and in accordance with the State Finance and Procurement Article, Annotated Code of Maryland COMAR 21.02.05.05, and DGS Space Management Manual, paragraph 605.E. is determined to be a sole source procurement.


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ACTION AGENDA CAPITAL GRANTS AND LOANS ITEM 13-CGL RECOMMENDATION That the Board of Public Works certify matching funds, enter into a grant agreement, and authorize that funds be encumbered for the following grant:

Board of Trustees of Archbishop Curley High School (Baltimore City) Fine Arts Center for Archbishop Curley High School “For the construction of a fine arts center for Archbishop Curley High School, located

in Baltimore City.” $200,000.00 Maryland Consolidated Capital Bond Loan of 2009 (LSI - Chapter 485, Acts of 2009) DGS Item G095, SL-023-090-038 MATCHING FUND The MCCBL requires the grant recipient to provide a matching fund and the Board of Public Works to certify a matching fund no later than June 1, 2011. The Board of Trustees of Archbishop Curley High School has submitted evidence in the

form of invoices and canceled checks that it has $317,216.89 in eligible expenditures to meet the matching fund requirement for this project.

Board of Public Works approval is also requested to reimburse the Board of Trustees of Archbishop Curley High School $117,216.89 for eligible expenditures. BACKGROUND Total Project $3,946,437.50 09-G095 (This Action) $ 200,000.00 Local Cost $3,746,437.50 REMARKS (1) This action is in accordance with the enabling legislation and complies with the tax-exempt bond provisions of the Internal Revenue Code. (2) The grant recipient shall consult with the Maryland Historical Trust pursuant to Sections 5A-325 to 328, State Finance and Procurement Article, Annotated Code of Maryland, and convey a perpetual preservation easement pursuant to the terms of the enabling legislation. (3) The Comptroller may not disburse State funds until after the Comptroller verifies that the grant recipient has expended the matching fund and the required amount for reimbursement. Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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Board of Directors of Hammond-Harwood House Association, Inc. (Anne Arundel County) Hammond-Harwood House “For the design, repair, and renovation of the roof at the Hammond-Harwood House,

located in Annapolis.” $100,000.00 Maryland Consolidated Capital Bond Loan of 2008 (LSI - Chapter 336, Acts of 2008) DGS Item G031, SL-044-080-038 MATCHING FUND The MCCBL requires the grant recipient to provide a matching fund and the Board of Public Works to certify a matching fund no later than June 1, 2010. The Board of Directors of Hammond-Harwood House Association, Inc. has submitted

documentation that it has received a Save America’s Treasures grant of $210,000.00 from the Federal Government to meet the matching fund requirement for this project. BACKGROUND Total Project $1,037,000.00 08-G031 (This Action) $ 100,000.00 Local Cost $ 937,000.00 REMARKS (1) This action is in accordance with the enabling legislation and complies with the tax-exempt bond provisions of the Internal Revenue Code. (2) The grant recipient shall consult with the Maryland Historical Trust pursuant to Sections 5A-325 to 328, State Finance and Procurement Article, Annotated Code of Maryland, and convey a perpetual preservation easement pursuant to the terms of the enabling legislation. (3) The Comptroller may not disburse State funds until after the Comptroller verifies that the grant recipient has expended the matching fund and the required amount for reimbursement. Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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ACTION AGENDA CAPITAL GRANTS AND LOANS ITEM 15-CGL RECOMMENDATION That the Board of Public Works authorize that funds be encumbered for the following grants:

Board of County Commissioners of Allegany County (Allegany County) Allegany County Flood Repairs “For the design and construction of repairs to facilities and structures damaged by

recent floods.” $375,000.00 - encumber $179,591.00 Maryland Consolidated Capital Bond Loan of 2005 - (Chapter 445, Acts of 2005) DGS Item 031 LaVale Boulevard Area Storm Drain System “For the planning, design, construction, and capital equipping of the storm drain system for the LaVale Boulevard area, located in LaVale.” $100,000.00 - encumber $100,000.00 Maryland Consolidated Capital Bond Loan of 2006 (LSI - Chapter 046, Acts of 2006) DGS Item G032, SL-001-050-038

MATCHING FUND 2005 - 08/31/05 Agenda, Item 21-CGL (No matched required)

2006 - 11/01/06 Agenda, Item 11-CGL BACKGROUND Total Project $946,225.00 06-G032 (This Action) $100,000.00 (Match) 05-031 (This Action) $179,591.00 (Non-Match) 05-031 (Prior Action) $195,409.00 (Non-Match) Local Cost $471,225.00 (Prior Action: 10/04/06 Agenda, Item 19-CGL and 10/05/05 Agenda, Item 21-CGL) REMARKS (1) This action is in accordance with the enabling legislation and complies with the tax-exempt bond provisions of the Internal Revenue Code. (2) The grant recipient shall consult with the Maryland Historical Trust pursuant to Sections 5A-325 to 328, State Finance and Procurement Article, Annotated Code of Maryland, and convey a perpetual preservation easement pursuant to the terms of the enabling legislation. (3) The Comptroller may not disburse State funds until after the Comptroller verifies that the grant recipient has expended the matching fund and the required amount for reimbursement.

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ACTION AGENDA CAPITAL GRANTS AND LOANS ITEM 15-CGL (Cont.) (4) Invoices for the non-matching grant should be submitted to the Department of General

Services for the disbursement of funds. Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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Board of Trustees of the Lyric Foundation, Inc. (Baltimore City) Lyric Opera House “For the construction, renovation, and capital equipping of the stage house area and

capital improvements to the back stage areas of the Lyric Foundation, Inc.” $300,000.00 Maryland Consolidated Capital Bond Loan of 2008 (LSI - Chapter 336, Acts of 2008) DGS Item G019, SL-063-040-038 MATCHING FUND The MCCBL requires the grant recipient to provide a matching fund and the Board of Public Works to certify a matching fund no later than June 1, 2010. The Board of Trustees of the Lyric Foundation, Inc. has submitted documentation that it

has $311,444.96 in financial institutions to meet the matching fund requirement for this project. That the Board of Public Works authorize that funds be encumbered for the following grants: $1,000,000.00 - encumber $1,000,000.00 Maryland Consolidated Capital Bond Loan of 2006 (Chapter 046, Acts of 2006) DGS Item G006 $250,000.00 - encumber $250,000.00 Maryland Consolidated Capital Bond Loan of 2005 (Chapter 445, Acts of 2005) DGS Item 038 $150,000.00 - encumber $150,000.00 Maryland Consolidated Capital Bond Loan of 2004 (LCIL - Chapter 432, Acts of 2004) DGS Item G066 BACKGROUND Total Project $11,000,000.00 08-G019 (This Action) $ 300,000.00 (Match) 06-G006 (This Action) $ 1,000,000.00 (Match) 05-038 (This Action) $ 250,000.00 (Non-Match) 04-G066 (This Action) $ 150,000.00 (Match) Local Cost $ 9,300,000.00

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ACTION AGENDA CAPITAL GRANTS AND LOANS ITEM 16-CGL (Cont.) REMARKS (1) This action is in accordance with the enabling legislation and complies with the tax-exempt bond provisions of the Internal Revenue Code. (2) The grant recipient shall consult with the Maryland Historical Trust pursuant to Sections 5A-325 to 328, State Finance and Procurement Article, Annotated Code of Maryland, and convey a perpetual preservation easement pursuant to the terms of the enabling legislation. (3) The Comptroller may not disburse State funds until after the Comptroller verifies that the grant recipient has expended the matching fund and the required amount for reimbursement. (4) For non-matching grant, invoices should be submitted to the Department of General Services for the disbursement of funds. ; Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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ACTION AGENDA CAPITAL GRANTS AND LOANS ITEM 17-CGL RECOMMENDATION That the Board of Public Works certify matching funds, enter into grant agreements, and authorize that funds be encumbered for the following grants:

Board of Directors of the Mental Health Association of Frederick County, Inc. (Frederick County) Mental Health Association Building “For the acquisition, planning, design, renovation and reconstruction of a building for the Mental Health Association, located in Frederick.” $200,000.00 Maryland Consolidated Capital Bond Loan of 2009 (Chapter 485, Acts of 2009) DGS Item G060 $50,000.00 Maryland Consolidated Capital Bond Loan of 2009 (Chapter 485, Acts of 2009) DGS Item G112, SL-024-090-038 MATCHING FUND The MCCBL requires the grant recipient to provide a matching fund and the Board of Public Works to certify a matching fund no later than June 1, 2011. The Board of Directors of the Mental Health Association of Frederick County, Inc. has

submitted documentation that it has in excess of $250,000.00 in a financial institution to meet the matching fund requirement for this project. BACKGROUND Total Project $2,069,146.00 09-G060 (This Action) $ 200,000.00 09-G112 (This Action) $ 50,000.00 Local Cost $1,819,146.00 REMARKS (1) This action is in accordance with the enabling legislation and complies with the tax-exempt bond provisions of the Internal Revenue Code. (2) The grant recipient shall consult with the Maryland Historical Trust pursuant to Sections 5A-325 to 328, State Finance and Procurement Article, Annotated Code of Maryland, and convey a perpetual preservation easement pursuant to the terms of the enabling legislation.

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ACTION AGENDA CAPITAL GRANTS AND LOANS ITEM 17-CGL (Cont.) (3) The Comptroller may not disburse State funds until after the Comptroller verifies that the grant recipient has expended the matching fund and the required amount for reimbursement. Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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Board of Directors of Suburban Hospital, Inc. (Montgomery County) Suburban Hospital “For the planning, design, renovation, expansion, repair, construction and capital

equipping of a medical and surgical nursing unit, located in Bethesda.” $410,000.00 Maryland Consolidated Capital Bond Loan of 2008 (MHA - Chapter 336, Acts of 2008) DGS Item G204, SL-045-080-038 MATCHING FUND The MCCBL requires the grant recipient to provide a matching fund and the Board of Public Works to certify a matching fund no later than June 1, 2010. The Board of Directors of Suburban Hospital, Inc. has submitted evidence in the form of

a canceled check and invoice that it has $526,881.00 in eligible expenditures to meet the matching fund requirement for this project. BACKGROUND Total Project $4,632,704.00 08-G204 (This Action) $ 410,000.00 Local Cost $4,222,704.00 REMARKS (1) This action is in accordance with the enabling legislation and complies with the tax-exempt bond provisions of the Internal Revenue Code. (2) The grant recipient shall consult with the Maryland Historical Trust pursuant to Sections 5A-325 to 328, State Finance and Procurement Article, Annotated Code of Maryland, and convey a perpetual preservation easement pursuant to the terms of the enabling legislation. (3) The Comptroller may not disburse State funds until after the Comptroller verifies that the grant recipient has expended the matching fund and the required amount for reimbursement. Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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ACTION AGENDA CAPITAL GRANTS AND LOANS ITEM 19-CGL RECOMMENDATION That the Board of Public Works enter into a grant agreements, and authorize that funds be encumbered for the following grants:

Board of Directors of Global Developmental Services for Youth, Inc. (Prince George’s County) Global Developmental Services Youth Facilities Center “For the acquisition, planning, design, and construction of a youth facilities center,

located in Prince George’s County.” $225,000.00 Maryland Consolidated Capital Bond Loan of 2005 (Chapter 445, Acts of 2005) DGS Item 052 $125,000.00 Maryland Consolidated Capital Bond Loan of 2005 (Chapter 445, Acts of 2005) DGS Item 059, SL-085-050-038

MATCHING FUND No matching fund requirement BACKGROUND Total Project $350,000.00 05-052 (This Action) $225,000.00 05-059 (This Action) $125,000.00 Local Cost $ -0- REMARKS (1) This action is in accordance with the enabling legislation and complies with the tax-exempt bond provisions of the Internal Revenue Code. (2) The grant recipient shall consult with the Maryland Historical Trust pursuant to Sections 5A-325 to 328, State Finance and Procurement Article, Annotated Code of Maryland, and convey a perpetual preservation easement pursuant to the terms of the enabling legislation. (3) Invoices should be submitted to the Department of General Services for the disbursement of funds. Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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ACTION AGENDA CAPITAL GRANTS AND LOANS ITEM 20-CGL MARYLAND HIGHER EDUCATION COMMISSION RECOMMENDATION That the Board of Public Works authorize that funds be encumbered for the following grant:

Frederick Community College Building F – Interior Space Conversion – Design and Construction The proposed project involves renovating 12,600 GSF in the Building F Arts Center that will become vacant when the Classroom/Student Center building opens. Vacated space will be reconfigured into classrooms, labs and office space for the College Arts, Computer Graphics and Photography programs. $1,629,000.00

Maryland Consolidated Capital Bond Loan of 2008, Item #020. CC-06-MC08-412 MATCHING FUND Frederick Community College – $1,213,932.00

Cost sharing is 56.8% State share, 43.2% local share and is in accordance with Section 11-105(j) of the Education Article.

BACKGROUND Total Amount State Share Local Share Total Project $2,842,932 $1,629,000 $1,213,932 This Action $2,842,932 $1,629,000 $1,213,932 REMARKS (1) This action is in accordance with Procedures and Guidelines adopted by MHEC 06/02/92

and approved by BPW 06/17/92. (2) The Maryland Higher Education Commission, the Department of Budget and

Management and the Department of General Services recommends approval. All contracts will be awarded by Frederick Community College and signed by local authorities.

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ACTION AGENDA CAPITAL GRANTS AND LOANS ITEM 20-CGL (3) The Comptroller may not disburse State funds until after the Comptroller verifies that the

grant recipient has expended the matching fund and the required amount for reimbursement.


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Frederick Community College Interior Space Conversions to F&L Buildings – Construction and Furniture & Equipment The proposed project involves renovating 7,126 GSF of space vacated by personnel relocating to the Administrative Services Building providing office space for faculty and staff.

FUND SOURCES $ 4,680.00 MCCBL 2004/Item #025 $ 54,407.22 MCCBL 2005/Item #019 $ 97,672.90 MCCBL 2006/Item #020 $104,117.00 MCCBL 2007/Item #045 $403,122.88 MCCBL 2008/Item #020 $664,000.00 Total

CC-06-MC04/05/06/07/08-406 MATCHING FUND Frederick Community College – $515,858.00 Cost sharing is 56.3% State share, 43.7% local share and is in accordance with Section 11-105(j) of the Education Article. BACKGROUND Total Amount State Share Local Share Total Project $1,179,858.00 $664,000.00 $515,858.00 This Action $1,179,858.00 $664,000.00 $515,858.00 REMARKS (1) This action is in accordance with Procedures and Guidelines adopted by MHEC 06/02/92 and approved by BPW 06/17/92. (2) The Maryland Higher Education Commission, the Department of Budget and Management and the Department of General Services recommends approval. All contracts will be awarded by Frederick Community College and signed by local authorities.

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39 BPW – 3/10/10



College of Southern Maryland – LaPlata Campus Science and Technology Building Parking Lot - Construction The proposed project involves constructing a 140 space parking lot for the newly renovated Science and Technology Building $512,860.00 MCCBL 2009/Item #030

CC-09-MC03/05/06/09-359 MATCHING FUND College of Southern Maryland – $170,953.00 Cost sharing is 75% State share, 25% local share and is in accordance with Section 11-105(j) of the Education Article. BACKGROUND Total Amount State Share Local Share Total Project $17,714,141.54 $13,285,607.00 $4,428,534.54 This Action $ 683,813.00 $ 512,860.00 $ 170,953.00 Previous Action-28 CGL, 2/13/08 $ 1,021,818.54 $ 766,364.00 $ 255,454.54 Previous Action-23 CGL, 8/9/06 $14,969,408.00 $11,227,056.00 $3,742,352.00 Prevuous Action-22 CGL, 11/3/04 $ 1,039,102.00 $ 779,327.00 $ 259,775.00 REMARKS (1) This action is in accordance with Procedures and Guidelines adopted by MHEC 06/02/92 and approved by BPW 06/17/92. (2) The Maryland Higher Education Commission, the Department of Budget and Management and the Department of General Services recommends approval. All contracts will be awarded by the College of Southern Maryland and signed by local authorities.

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41 BPW – 3/10/10



Prince George’s Community College Center For Health Studies – Construction and Additional Design Allocation The proposed project involves construction of a new 62,900 NASF Center for Health Studies for health credit and noncredit programs, classrooms, dental, surgical technology and optometric labs, office space, computer center and other state of the art program spaces. $18,663,376.00 MCCBL 2009/Item #030

CC-08-MC06/07/09-389

MATCHING FUND Prince George’s Community College – $11,293,889.00 Cost sharing is 62.3% State share, 37.7% local share and is in accordance with Section 11-105(j) of the Education Article. BACKGROUND Total Amount State Share Local Share Total Project $31,947,030.00 $19,903,000.00 $12,044,030.00 This Action $29,957,265.00 $18,663,376.00 $11,293,889.00 Previous Action-39 CGL, 4/19/06 $ 1,989,765.00 $ 1,239,624.00 $ 750,141.00 REMARKS (1) This action is in accordance with Procedures and Guidelines adopted by MHEC 6/02/92 and approved by BPW 6/17/92. (2) The Maryland Higher Education Commission, the Department of Budget and Management and the Department of General Services recommends approval. All contracts will be awarded by Prince George’s Community College and signed by local authorities.

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ACTION AGENDA CAPITAL GRANTS AND LOANS ITEM 24-CGL DEPARTMENT OF HEALTH AND MENTAL HYGIENE NAME OF GRANTEE/BORROWER Housing Opportunities Commission of

Montgomery County, Maryland 10400 Detrick Avenue Kensington, MD 20895 PROJECT NO. AND TITLE DDA-CB-26701-01 HOC;

Renovation of 2305 Hermitage Ave. Silver Spring, MD 20902 Montgomery County

DESCRIPTION Approval is requested for a State grant of $115,801.00 to assist Housing Opportunities Commission of Montgomery County, Maryland (HOC) in the cost of renovating a single-family home at 2305 Hermitage Avenue, Silver Spring, MD 20902. This one-story house with a full walkout basement contains approximately 3,100 gross square feet, with 1,560 square feet of living space. The home will be used to provide residential services for three low-income developmentally disabled adults. The interior and exterior renovation work will include a complete remodeling of the house, including all utilities and systems, as well as modifications to make the home handicapped accessible. At its meeting on August 6, 2008, the Board approved a State grant of $364,837.00 to assist the applicant in the cost of acquiring this building. In addition, at its meeting on December 3, 2008, the Board approved a State grant of $11,362.00 for architectural and engineering (A/E) services to design interior and exterior renovations to the home. Approval of this $115,801.00 award for renovations, in combination with the $376,199.00 previously approved by the Board for acquisition and for A/E services, makes a total grant award of $492,000.00 approved for this project. A total of five contractors bid on this renovation project. One of the five contractors offered a price that was lower than the winning bid. However, the grantee considered the lowest bidder, as well as the three other bidders, to be not responsive or not responsible, and thus awarded the contract to the second lowest bidder. PROCUREMENT METHOD Competitive Sealed Bidding

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ACTION AGENDA CAPITAL GRANTS AND LOANS ITEM 24-CGL (Cont.) BIDDER AMOUNT OMF Contractors, Inc. Beltsville, MD $349,000.00 AWARD OMF Contractors, Inc. Beltsville, MD AMOUNT $349,000.00 FUND SOURCES $233,199.00 (66.82%) Applicant's Share (Montgomery County

Appropriation) $115,801.00 (33.18%) State's Share

$ 17,281.00 MCCBL 2008, Community Health Facilities Funds:

$ 98,520.00 MCCBL 2009 Community Health Facilities Fund

REMARKS The Housing Opportunities Commission of Montgomery County owns, manages, and administers approximately 12,800 housing units in the county. It is collaborating with Jubilee Association of Maryland, Inc., an experienced community residential service provider for individuals with developmental disabilities, to provide residential services to three individuals. In accordance with Subtitle 6 of the Health-General Article of the Annotated Code of Maryland, the Board’s approval is further contingent upon the State’s right of recovery being included in the Deed(s) or otherwise recorded among the Land Records of Montgomery County. No State funds will be disbursed until the grantee has presented suitable evidence to the Comptroller that it has expended the required matching funds for this project. After the grantee has met this requirement, all future invoices will be submitted to the Comptroller, who will disburse the State portion in amounts equal to the invoices submitted. Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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ACTION AGENDA CAPITAL GRANTS AND LOANS ITEM 25-CGL DEPARTMENT OF HEALTH AND MENTAL HYGIENE NAME OF GRANTEE/BORROWER Betty Jane Malone Homes, Inc. 230 West Patrick St. Frederick, MD 21701 PROJECT NO. AND TITLE DDA-CB09806-05;

Betty Jane Malone Homes, Inc. Renovation of 8128 Cambridge Drive, Frederick, MD

DESCRIPTION (1) Approval is requested for a state grant of $50,000 to assist Betty Jane Malone Homes, Inc., a nonprofit organization, in the cost of renovating a two-story house with a basement and three bedrooms at 8128 Cambridge Drive in Frederick, MD. The house, which is approximately 2,169 square feet, will provide housing for three developmentally disabled individuals. Interior and exterior renovation work will include remodeling the house, including a new roof and water heater, as well as modifications to make the home handicapped accessible. PROCUREMENT METHOD Negotiated AWARD Linden Contracting, Inc.

Stevensville, MD AMOUNT $76,450.00 FUND SOURCES $26,450.00 (34.6%) Applicant’s Share

Mortgage-U.S. Department of Housing and Urban Development

$50,000.00 (65.4%) State’s Share MCCBL 2008, Community Health Facility Funds

2) A Waiver of Priority and Subordination Agreement. Betty Jane Malone Homes, Inc. has a financing agreement with the U.S. Department of Housing and Urban Development (HUD) with the condition that the State agree to subordinate its right of recovery to HUD's first deed of trust in the amount of $878,700.00. The mortgage amount includes $525,000.00 for acquiring properties and $353,700.00 for renovations and other associated costs.

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ACTION AGENDA CAPITAL GRANTS AND LOANS ITEM 25-CGL (Cont.) REMARKS *Matching funds for this project are being provided partly by a U.S. Department of Housing and Urban Development 811 mortgage. As part of the process in applying for a HUD loan, HUD required Way Station, Inc., the sponsoring organization, to form a project team. The team included a developer (Way Station, Inc.), an architect (Zavos Architecture + Design), and a contractor (Linden Contracting, Inc.) The team, along with a HUD representative, walked through the identified property and developed a scope of work. Once the scope was determined, the general contractor bid out each of the individual trades to develop a project cost. Before HUD approved the loan, HUD also required the Building Consultants, Inc. of Columbia, Maryland to prepare an independent cost analysis of the proposed project budget. Based on this review, Building Consultants has certified that the costs are reasonable for the proposed scope of work. Linden Contracting, Inc. was chosen to participate in the project team based upon prior experience in rehabilitating Way Station properties. Betty Jane Malone Homes, Inc. is a newly formed nonprofit for the specific purpose of purchasing and renovating two buildings, one of which is 8128 Cambridge Drive. HUD regulations require that project sponsors form separate nonprofit corporations to own and operate projects funded under Section 811 of the National Affordable Housing Act of 1996. The sponsor, Way Station, Inc., is a provider of residential and rehabilitation day services to individuals with developmental disabilities through its Pathways Program. In accordance with Subtitle 6 of the Health-General Article of the Annotated Code of Maryland, the Board’s approval is further contingent upon the State’s right of recovery being included in the Deed(s) or otherwise recorded among the Land Records of Frederick County. No State funds will be disbursed until after such time as the loan recipient has presented suitable evidence to the Comptroller that it has expended its portion of the required matching funds for the project. After the loan recipient has met this requirement, all future invoices will be submitted to the Comptroller, who shall disburse the State portion in amounts equal to the invoices submitted. Board of Public Works Action - The above referenced Item was: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION

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